ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) BY filing these two applications bearing Bail Appln. Nos. 1154/2014 and 1302/2014, the Petitioners Ashok Kumar and Versha Ritu respectively are seeking anticipatory bail in case FIR No. 305/2014 under Sections 342/354/363/365/376/384/509/34 IPC, PS Vivek Vihar.

(2.) I have heard learned counsel for the Petitioners as well as learned counsel for the Complainant and learned APP for the State.

(3.) THE contents of above FIR reveal that on 02.05.2014, the Complainant 'D' alongwith her sister 'M' (name withheld to conceal her identity) came to the police station Vivek Vihar and handed over their complaint to WSI Beena. In the complaint which is addressed to the SHO, PS Vivek Vihar, it is mentioned that she is residing alongwith her family at Jwala Nagar, Shahdara and had studied upto 11th standard in Vivekanand Public School, Anand Vihar till the year 2012. Her sister 'M' aged about 24 years had opened a shop in the year 2011 under the name and style 'Outlook Collections' in Satnam Market, Rohtash Nagar, Shahdara. After returning from the school, the Complainant 'D' also used to be at the shop. Versha Ritu (Petitioner in Bail Appln. No. 1302/2014) used to visit their shop and was well known to them. In the year 2012, when Petitioner Versha Ritu inquired from her sister as to when they were going to have new collection, her sister 'M' informed that she was not having enough money. At that time, Petitioner Versha offered to lend money on interest but her sister 'M' declined the offer. The Petitioner Versha again insisted and convinced her saying that it was family matter and offered to give Rs. 1 lac on interest @ 5% for which her sister 'M' agreed. When Petitioner Versha asked for the account number, her sister 'M' informed that she was not holding any account. Thereafter Petitioner Versha asked her sister 'M' to give cheque from the account of any of her family member. Next day, 'M' gave two blank cheques of the account of their father and at that time, Petitioner Versha handed over Rs. 70,000/ - to them. When 'M' complained that they were to receive Rs. 1 lac, Petitioner Versha agreed to give balance amount of Rs. 30,000/ - in a day or two. "M' telephoned Petitioner Versha for payment of the balance amount and again, she requested for 2 -3 days time. Thereafter, Petitioner Versha stopped attending their phone calls. After about 9 -10 days, Petitioner Versha called 'M' and informed her that she (Petitioner Versha) was unwell and asked 'M' to visit her house. 'M' alongwith 'D' reached house of Petitioner Versha at Naveen Shahdara. At that time, Petitioner Versha informed that she had given Rs. 70,000/ - on interest of Rs. 3000/ - per day. They protested saying that loan was on the interest of 5% only and they were unable to pay the interest of Rs. 3000/ - per day. Thereafter both the sisters returned home.